Civil Judgments Enforcement Amendment Regulations 2006 (WA)

23 June 2006 GOVERNMENT GAZETTE, WA 2175

JUSTICE

JU301*

Civil Judgments Enforcement Act 2004

Civil Judgments Enforcement Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Civil Judgments Enforcement
Amendment Regulations 2006.

2.             Commencement

These regulations come into operation on 1 July 2006.

3.             The regulations amended

The amendments in these regulations are to the Civil Judgments
Enforcement Regulations 2005*.

[* Published in Gazette 28 April 2005, p. 1483-559.

For amendments to 25 May 2006 see Western Australian Legislation Information Tables for 2005, Table 4, p. 52.]

4.             Schedule 1 amended

(1) Schedule 1 is amended in each item listed in column 1 of the
Table to this subregulation by deleting the figure set out in
column 2, and inserting instead the figure set out in column 3
opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
1	53.00	55.50
1	79.00	83.00
1	86.00	90.50
1	129.00	135.50

2 (both places)	65.00	68.50
2 (both places)	87.00	91.50

2176 GOVERNMENT GAZETTE, WA 23 June 2006

(2) After Schedule 1 item 1 note 4 the following note is inserted —

“

Note 5: jurisdiction referred to in the Residential Tenancies Act 1987 section 12A is the fee payable on an application in relation to a judgment not exceeding $7 500.

”.

5.             Schedule 2 amended

(1) Schedule 2 is amended in each item listed in column 1 of the
Table to this subregulation by deleting the figure set out in
column 2, and inserting instead the figure set out in column 3
opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
1(a)	27.00	28.50
1(b)	37.50	39.50
1(c)	19.00	20.00
2	69.00	72.50
3	69.00	72.50
4	36.50	38.50
6(a)	0.95	1.00
6(b)	1.05	1.10
7	128.50	135.00
8	58.00	61.00

(2) Schedule 2 is amended as follows:

(a) in item 6 note 2 by deleting “a bailiff an additional fee for travel outside the metropolitan area” and inserting instead —

“ an enforcement officer an additional fee for travel ”;

(b) in item 10 note 1 by deleting “$189.00.” and inserting instead —

“ $198.50. ”;

(c) in item 13 by deleting “a bailiff, assistant bailiff or other person employed or engaged by a bailiff ” and inserting instead —

“ an enforcement officer ”;

(d)	by deleting item 16(a);
(e)	in item 16(b) by deleting “a bailiff or assistant bailiff ” and inserting instead —

“ an enforcement officer ”.

23 June 2006 GOVERNMENT GAZETTE, WA 2177

(3) Schedule 2 item 11 and notes 1 and 2 after it and item 12 are
deleted and the following is inserted instead —

“

11.                   On the execution of an arrest warrant of any kind —

(a) for arresting the person ………..…… 72. 50

(b) for conveying the person to a court

or a custodial place and releasing the

person from arrest or custody ....…… 72.50

(c) for each 30 minutes after 2 hours and

30 minutes that an enforcement

officer is required to keep the person
in custody until he or she is
conveyed to a court or a custodial

place ..……………………………… 19.25

Note 1:
The fee under paragraph (a) is payable whether or not the Sheriff’s functions under the
warrant are performed and includes up to 3 attempts to perform the functions at the same
address.
Note 2:

The fee under paragraph (a) includes —

(a)	receipt of the warrant; and
(b)	attendances and inquiries before attempting arrest; and
(c)	giving any notice; and
(d)	making any report.

12.                   For each half hour or part of a half hour that it is necessary for an enforcement officer to engage an assistant to perform a function —

(a)	in relation to the execution of an arrest warrant; or
(b)	in accordance with a property (seizure and delivery) order; or
(c)	in accordance with a property (seizure

and sale) order ………………………. 19.25

”.

6.             Schedule 3 amended

Schedule 3 is amended in each item listed in column 1 of the
Table to this regulation by deleting the figure set out in
column 2, and inserting instead the figure set out in column 3
opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
1	61.00	64.00
2	25.00	26.00
3, 6 and 10	58.00	61.00
4	143.50	150.50
5	174.50	183.00
7, 8 and 12(b)	36.50	38.50
9	123.50	129.50

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.